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  1. #1
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    Art Infringement...?

    I'm sure this has been addressed from time to time but nonetheless....I drew a picture in 2003 and posted it on my website, two online galleries and on Zazzle (I made a t-shirt out of the image). Well, I was made aware this evening that on the Wizards of the Coast website there is a picture on a card game of theirs that resembles mine. A lot. I mean the character looks like mine, is doing the same thing mine is and even has a similiar name as my picture.
    My question is...I can prove (through the online galleries and Zazzle) that my picture was created in 2003 so should I go to the artist that did the painting or should I go to the art director of Wizards of the Coast? Do I even have a chance in Hell of any benefit from this? I'm not so concerned about money (although it would be nice!), but I would like some recognition.
    I'm really new to this, so any help would be great.
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  3. #2
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    I think a good first step for advice would be to post the two images, just to make sure you're not over-reacting (no offense).

  4. #3
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    ...beat me to it...

  5. #4
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    Indeed. It may strike close to home.. but if I had a nickel for all the times I've seen a painting of a barbairan warrior fighting some trolls, I would be a very rich man.
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  6. #5
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    Here are the two pictures.
    His is called "Moloch, the Eater of Children"
    Art Infringement...?

    Mine is called "Ba'Lok the Eater of Children"
    Art Infringement...?

    Here are two links that have the date that I uploaded the picture on them. This is the first version of the picture that I did.....
    http://www.artwanted.com/imageview.cfm?id=29531

    And here is the second version of the picture I did for a t-shirt....
    http://www.zazzle.com/products/galle...ncey&x=13&y=13

    I really don't think I am putting too much into this. I mean, "Moloch" is holding a little girl, has the same name and even has gold tipped horns like my picture.

    Anyway, this is my dilemma....
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  7. #6
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    I don't think you have a case. Nothing about either design, especially what they have in common, is so unique that it isn't reasonable to assume it's coincidence.

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  8. #7
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    Agreed. Sorry, dude.

    You're only real ammunition is the similarity of the names, which is weird, but not enough to go after anyone.

  9. #8
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    The name is coincidental but it is possible they saw your title and your image, copied the title (which you wouldnt be able to fight against) and your concept, in which you can't copyright a pose. Sorry, I don't think you have a case either, as obnoxious as it might be.
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  10. #9
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    Well, the concept is definately the same in both images. A mean looking giant demon holding a girl in his hand. But I doubt you'd be able to prove that his image was inspired by yours. They're rendered in very different ways, they're drawn from different viewpoints and the pose & expression of the demons are different. All you got is a shared concept and a similar name. And honestly that's generic enough as is so I don't think you should get your hopes up on getting anything out of this. Sorry but that's how I see it.
    -hal

  11. #10
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    Well, Moloch is a mythological god associated with child sacrifice-->see this wikipedia ariticle.

    The company probably got the idea from that, not from you.

    emily

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    personally i don't think you'd have much chance proving an infringement, since "Moloch" is a fairly well-known bull-headed god-demon known for preferring child sacrifices, and the two interpretations aren't similar ebough to suggest copying. btw, looks to me like Moloch has doll parts tied to his horns rather than holding a child(?), which imo is a rather spooky reference to the sacrifice idea without being literal, as your is.

  13. #12
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    There's also a Goya painting of Saturn devouring his children... I think it's a fairly common myth, you're gonna have to chalk it up to coincidence.

  14. #13
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    Y'know what, I honestly didn't know that Moloch and his child eating habits were real myth. Talk about egg on the face....Well, I really appreciate all the advice. Thanks!
    Please visit my gallery at http://drawnblud.deviantart.com/

  15. #14
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    I'm with Cotron. I was going to tell you that if this guy owes you money, you both owe Goya a lot more.

  16. #15
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    I have two similar instances to tell. I was inpsired to do up some Doom/Quake inspired concepts about 6 years ago as I loved the games so much and I put the finshed design up in an online gallery I had at the time. Then, close to a year or so ago I was perusing the Doom 3 screen shot gallery and what do I find? A creature that was basically a copy of what I had done some 5 years earlier. The thing is is that what I had done so much earlier was done under the direct influence of the very game that this creature was evenbtually to be a part of. So, while it might seem on the surface that I could have a case over this, I was in fact directly influenced by and copying an already existing overall design concept that this newer creature was simply a natural extension of. In other words, the designer likely never even saw the one I did so long ago, as the very design paramaters of the game world would in effect dictate that this creature eventually be created.

    The other instance was a single occupant walker that is almost bolt for bolt the very walker you see in Revenge of the Sith during the Order 66 sequence (I believe). But again, the design I came up with about 5 years ago was through my love of the Star Wars universe. It was only a matter of time before a walker concept such as the one I designed would eventually be created independantly at Skywalker Ranch simply due to already entrenched design parametres for the SW universe.

    I think there's a lot of instances very much like this in our culture as it relates to art and design. What might seem like stealing at first is really just an independant blossoming of similer concepts that are independantly influenced and controlled by already existing ideas in society that everyone is equally privvy to. And I think something like mythology is a very big influence this way for many perople around the world.
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